[quote]Cockney Blue wrote:
NinjaTreeFrog wrote:
orion wrote:
NinjaTreeFrog wrote:
Sloth wrote:
NinjaTreeFrog wrote:
Also, in the context of the sentence, when used in conjunction with “a well regulated militia…”, it becomes less obvious that the 2nd amendment was intended to allow universal gun ownership to all citizens.
What people do you think it’s referring to? It certainly says nothing about qualifications. It just says the people have the right to KEEP and BEAR arms.
The term “the people” can be interepreted as the collective body of persons. If it had said “all persons” have the right to keep and bear arms then that would imply universal ownership. As it is written, it seems to me to refer to the right of the collective to form a WELL REGULATED militia that has the right to the instruments of war.
This does not say that every Tom, Dick, and Harry have the right to handguns. It also doesn’t mention anything about gun ownership for self defense.
It is a pre-amble:
Fish can swim, birds can fly, pancakes rule supreme, the right of the People to keep and bear arms shall not be infringed.
You might also notice that those “people” are not given that right by anyone, it already exists and it shall not be infringed by the US government.
Given the Lockean nature of the US constitution that is really the only interpretation that makes sense, what you are doing is grasping for straws.
In any legal document the exact wording, punctuation, and phrasing are important to determining the intent of statement. It cannot be dismissed as preamble. The fact that the second amendment starts with “A well regulated militia…” and lacks the specificity “person” is important to determining the intent of the statement as a whole.
I don’t pretend to be an expert on the Constitution, I’m just making the argument that the second amendment has been interpreted different ways by people of different political leanings. To be viewed a legal dogma is shortsighted. This makes the discussion about universal gun ownership open to anyone who wishes to demonstrate their position with facts. To simply assert that it’s your second amendment right and case closed only shows that you cannot defend yourself with logic and reason.
It also avoids the question of whether a well armed militia is still needed in the modern US.[/quote]
Of course it is. That is a ridiculous question. The armed citizenry of this country provide a depth to this countries defenses that noone can overcome. It has worked brilliantly for the Israelis, there is no way they could have fended off the Arabs without their citizen soldiers.
At it’s most basic level militia means armed citizen. The well regulated militia clause of the second amendment is an extremely important extension of the first amendment right of assembly. Without that right we would not legally be able to unite as an armed group. Without it we would only be able to be armed individuals who could be picked off one by one by one. Or if we wanted to assemble for a mass demonstration against the government we would would not be able to go armed.
The well regulated portion has been narrowly defined by gun control nuts to legitimize gun control laws but regulate doesn’t just mean making rules. To regulate something means to provide direction or control. To provide direction or control can also be called leadership. So without the well regulated clause we could be arrested for being ring leaders of the militia.
The well regulated militia clause directly deals with the two primary strategies that tyrants use which are to use force to break up protests and round up the ringleaders so there can’t be organised resistance.